HomeMy WebLinkAboutMC-744
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ORDINANCE NO. MC-744
2 AN ORDINANCE AMENDING CHAPTERS 5.04, 5.16, 5.24, 5.42 and
5.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS
3 LICENSES AND FEES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Subsection A of Section 5.04.100 of the San
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Bernardino Municipal Code is hereby amended to read as follows:
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"A. For every person firm or corporation conducting a
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billboard advertising business the license fee shall be
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established by resolution of the Mayor and Council. As
part of the business license application process a list
indicating the location and size of each face of each
billboard within the City must be provided.
For the purpose of this Section billboards and all outdoor
advertising structures mean structures of any kind or character
for outdoor advertising purposes upon which any poster, bill,
printing, painting, picture, statuary, symbol, or other
advertisement of any kind may be placed and which:
1. Solici ts public support or directs public attention to
sale, lease, hiring, or use of any objects, products or
services not produced, sold, or otherwise available on the
premises where such structure is erected and maintained; or
2. Maintains a visual message to the general public not
relating to any objects, products or services produced,
sold or otherwise available on the premises where such
structure is erected and maintained."
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September 28, 1990
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SECTION 2.
Subsection A of Section 5.04.110 of the San
2 Bernardino Municipal Code is hereby amended to read as follows:
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itA.
For every person, firm or corporation conducting,
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managing or carrying on the business of distributing,
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advertising samples, handbills, dodgers or printed
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advertisements of any kind, the license fee shall be set by
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resolution of the Mayor and Common Council."
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SECTION 3.
Section 5.04.123 of the San Bernardino
9 Municipal Code is hereby repealed.
SECTION 4.
Section 5.04.125 of the San Bernardino
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11 Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation conducting,
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managing or carrying on, or engaged in the business of
selling at auction goods, wares or merchandise, the
license fee shall be established by resolution of the Mayor
and Common Council.
"B.
For every person, firm or corporation conducting,
managing or carrying on, or engaged in the business of
selling at auction goods, wares or merchandise for five or
fewer months in a year, the license fee shall be
established by resolution of the Mayor and Common Council.
"C.
For every person, firm or corporation conducting,
managing or carrying on, or engaging in the business of
selling at auction real estate, the license fee shall be
established by resolution of the Mayor and Common Council."
SECTION 5.
Section 5.04.135 of the San Bernardino
27 Municipal Code is hereby repealed.
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September 28, 1990
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SECTION 6.
Section 5.04.140 of the San Bernardino
2 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation conducting, managing
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or carrying on any public billiard or pool room, the
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license fee shall be established by resolution of the Mayor
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and Common Council."
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SECTION 7.
Section 5.04.145 of the San Bernardino
8 Municipal Code is hereby repealed.
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SECTION 8.
Section 5.04.150 of the San Bernardino
10 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation operating,
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maintaining, leasing, letting, managing or carrying on the
business of selling or vending goods, wares or merchandise
by means of vending machine or managing or carrying on the
business of operating or maintaining clothes washing
machines, automatic scale weighing devices, or coin-in-the-
slot weighing machines shall pay a license fee established
by resolution of the Mayor and Common Council."
SECTION 9.
Section 5.04.155 of the San Bernardino
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20 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation conducting,
managing or carrying on a public bowling alley, the license
fee shall be established by resolution of the Mayor and
Common Council."
SECTION 10.
Section 5.04.160 of the San Bernardino
26 Municipal Code is hereby amended to read as follows:
27 "Every person, firm or corporation conducting, managing or
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carrying on a temporary boxing, wrestling or other athletic
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exhibition or contest shall pay a license fee established
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by resolution of the Mayor and Common Council."
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SECTION 11.
Section 5.04.165 of the San Bernardino
5 Municipal Code is hereby repealed.
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SECTION 12. Subparagraph A. of Section 5.04.200 of the San
7 Bernardino Municipal Code is hereby amended to read as follows:
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itA.
For every person, firm or corporation conducting,
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managing or carrying on the business of a commission
merchant or broker, or stock and bond broker; or buying,
selling or otherwise dealing in stocks or bonds, or
evidences of indebtedness of public or private persons or
of incorporated entities, the license fee shall be
established by resolution of the Mayor and Common Council."
SECTION 13.
Section 5.04.210 of the San Bernardino
16 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation conducting, managing
or carrying on the business of carpet cleaning, swimming
pOOl cleaning, cleaning buildings, parking areas, rooms or
furnishings, by compressed air, power sweeper, or vacuum
cleaner, by means of any machine drawn, hauled, carried or
propelled by hand power, or any janitorial related services
conducted in residential or commercial structures or
parking areas, the license fee shall be established by
resolution of the Mayor and Common Council."
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September 28, 1990
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SECTION 14.
Section 5.04.230 of the San Bernardino
2 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation, conducting,
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managing or carrying on the business of compiling and
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publishing city, business or classified directories, the
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license fee shall be established by resolution of the Mayor
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and Common Council."
SECTION 15.
Section 5.04.245 of the San Bernardino
9 Municipal Code is hereby amended to read as follows:
"For every person, firm or corporation, conducting,
managing or carrying on the business of a seminar, sale,
exhibition, show or other business activities of a
temporary nature in public rooms, in a hotel/motel meeting
rooms, convention facilities or other temporary places not
otherwise specifically provided for in this chapter, the
license fee shall be established by resolution of the Mayor
and Common Council."
SECTION 16.
Subsection A. of Section 5.04.265 of the San
19 Bernardino Municipal Code is hereby amended to read as follows:
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itA.
For every person, firm or corporation, conducting,
managing or carrying on a fire sale, bankrupt or wrecked
sale, the license fee shall be established by resolution of
the Mayor and Common Council."
SECTION 17.
Section 5.04.270 of the San Bernardino
25 Municipal Code is hereby repealed.
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September 28, 1990
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SECTION 18.
Section 5.04.275 of the San Bernardino
2 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation, conducting,
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managing or carrying on the business of operating or
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maintaining tables, machines, devices, offered for a use,
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used, operated or played as a game, or as a test of skill,
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or for amusement, for the operation of which a charge is
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made, or which is conducted for profit (except such tables,
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machines or devices otherwise specifically provided for in
this chapter), the license fee shall be established by
resolution of the Mayor and Common Council."
SECTION 19.
Section 5.04.280 of the San Bernardino
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13 Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation, conducting,
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managing or carrying on the business of operating or
maintaining a hobby horse or similar device for the
amusement of children, offered for use or used or operated
for the amusement or entertainment of children, or a
shuffleboard, for the operation of which a charge is made,
or which is conducted for profit, the license fee shall be
established by resolution of the Mayor and Common Council.
"B.
If and in the event of a failure of the person, firm
or corporation so operating or maintaining such machine or
device or shuffleboard to secure a license and pay the
license fee therefore, as provided in this Section, or in
the event that the license is not publicly displayed at a
place open to the examination of the license inspector,
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September 28, 1990
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then the Chief of Police of the City is authorized to seize
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and take into his possession the machine or device, to hold
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the same until such license fee has been paid and a license
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fee duly issued and properly displayed covering this
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machine or shuffleboard, whereupon the Chief of Police
shall release the machine or shuffleboard upon payment to
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the City of the sum of twenty five dollars per machine,
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which sum shall be in addition to the amount of any license
fee. II
SECTION 20.
Subsection A. of Section 5.04.285 of the San
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11 Bernardino Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation conducting,
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managing or carrying on the business of operating or
maintaining tables, machines or devices for the playing or
rendering of music, for the operation of which a charge is
made or which is conducted for profit, other than sound
trucks and other advertising mediums, the license fee shall
be established by resolution of the Mayor and Common
Council."
SECTION 21.
Section 5.04.310 of the San Bernardino
21 Municipal Code is hereby amended to read as follows:
22 "For every person conducting, managing or carrying on a dog
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23 kennel business where dogs are boarded or bred for sale,
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the license shall be based upon gross receipts in
accordance with the schedule adopted by resolution of the
Mayor and Common Council pursuant to Section 5.04.525.F.
This Section shall not be applicable to a kennel with
DAB/SeS/BusLicen.ord
September 28, 1990
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three or less dogs, and shall not apply to veterinarians."
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SECTION 22.
Section 5.04.315 of the San Bernardino
3 Municipal Code is hereby amended to read as follows:
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IlA.
For every person, firm or corporation conducting,
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managing or carrying on the business of junk dealer, the
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license fee shall be established by resolution of the Mayor
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and Common Council.
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"B.
For the purposes of this article, 'j unk dealer' is
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defined to be any person, firm or corporation having a
business of buying
or selling, either at wholesale or
retail, any old rags, sacks, bottles, cans, papers, metals
or other articles of junk."
SECTION 23.
Section 5.04.325 of the San Bernardino
14 Municipal Code is hereby repealed.
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SECTION 24.
Section 5.04.330 of the San Bernardino
16 Municipal Code is hereby repealed.
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SECTION 25.
Section 5.04.335 of the San Bernardino
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18 Municipal Code is hereby amended to read as follows:
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"Every person, firm, association or corporation conducting
managing or carrying on the business of a massage parlor,
the license fee is established by resolution of the Mayor
and Common Council."
SECTION 26.
Section 5.04.340 of the San Bernardino
24 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation conducting, managing
or carrying on the business of furnishing messengers or
messenger service, the license fee shall be established by
DAB/ses/BusLicen.ord
September 28, 1990
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resolution of the Mayor and Common Council."
SECTION 27.
Subsection A. of Section 5.04.350 of the San
3 Bernardino Municipal Code is hereby amended to read as follows:
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"A.
For every person, firm or corporation conducting,
managing or carrying on the business of a pawnbroker, the
license shall be established by resolution of the Mayor and
Common Council."
SECTION 28.
Subsection C. of Section 5.04.355 of the San
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9 Bernardino Municipal Code is hereby amended to read as follows:
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"C. Business required-fee. A business license application
shall be made and a business license fee as established by
resolution of the Mayor and Common Council shall be paid in
accordance with this code. The license fee shall be due on
January 1 of each year and must be paid by January 31 of
each year."
SECTION 29.
Section 5.04.370 of the San Bernardino
17 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation engaged in
conjunction with a carnival or similar activity in carrying
on the business of a seller from a booth or stand, or a
peddler who sells or offers for sale flags, banners,
balloons, canes, horns, trumpets, musical or noise-making
instruments of any kind, toys, badges, buttons,
shoestrings, hairpins, lead pencils, combs, similar
trinkets and items, souvenirs of any kind, hot dogs,
hamburgers, tacos, burritos, soft drinks, ice cream, ice
milk, popcorn, cotton candy, candy apples, snow cones, and
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September 28, 1990
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any similar food or confection, or any combination thereof,
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the license fee shall be established by resolution of the
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Mayor and Common Council.
It shall be unlawful to engage
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in the carrying on of the businesses listed in this section
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other than in conjunction with a carnival or similar
activity. A person licensed to sell ice cream or ice milk
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products from a vehicle or a cart under Section 5.04.375
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shall be exempt from the fees imposed in this Section."
SECTION 30.
Subsection A. of Section 5.04.375 of the San
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10 Bernardino Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation engaged in or
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carrying on the business of a peddler, or solicitor of
orders, or for the sampling, or for the sale of any fish,
fruits, vegetables, butter, eggs, buttermilk, milk, ice
cream, confection, bread, crackers, cookies, pies, cakes,
pastries, doughnuts, or other bakery goods, or any other
edibles, intended for use as food for human consumption, by
means of foot or vehicle delivery, the license fee shall be
established by resolution of the Mayor and Common
Council."
SECTION 31.
Section 5.04.385 of the San Bernardino
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22 Municipal Code is hereby amended to read as follows:
"Christmas tree sales shall be held from November 1st
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through December 31st only.
The business license fee
therefor shall be set by resolution of the Mayor and Common
Council and shall not be prorated."
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September 28, 1990
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SECTION 32.
Section 5.04.415 of the San Bernardino
2 Municipal Code is hereby amended to read as follows:
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"For every person, firm or corporation conducting, managing
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or carrying on the business of operating or driving any
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vehicle used for the purpose of pumping cesspools or
removing or collecting rubbish, manure, waste material or
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refuse matter of any kind, the license fee shall be
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established by resolution of the Mayor and Common Council."
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SECTION 33.
Subsection A. of Section 5.04.420 of the San
10 Bernardino Municipal Code is hereby amended to read as follows:
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"A..
For every person, firm or corporation conducting,
managing or carrying on the business of a collection
agency, the license fee shall be established by resolution
of the Mayor and Common Council."
SECTION 34.
Section 5.04.455 of the San Bernardino
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16 Municipal Code is hereby repealed.
SECTION 35.
Section 5.04.490 of the San Bernardino
18 Municipal Code is hereby repealed.
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SECTION 36.
Subsection A. of Section 5.04.500 of the San
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20 Bernardino Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation conducting,
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managing, carrying on or engaging in the business of a swap
meet in the City, the license fee shall be established by
resolution of the Mayor and Common Council."
SECTION 37.
Section 5.04.504 is hereby added to the San
26 Bernardino Municipal Code to read as follows:
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"For every person, firm or corporation conducting,
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September 28, 1990
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managing, carrying on or engaging in the business of
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telephone solicitation, telemarketing or other similar
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activities the license fee shall be established by
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resolution of the Mayor and Common Council."
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SECTION 38.
Subsection A. of Section 5.04.505 of the San
6 Bernardino Municipal Code is hereby amended to read as follows:
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"A.
For every person, firm or corporation engaged in the
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temporary display and sale of art articles in City parks or
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other public places, the license fee shall be established
by resolution of the Mayor and Common Council."
SECTION 39.
Subsection A. of Section 5.04.507 of the San
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12 Bernardino Municipal Code is hereby amended to read as follows:
"A.
For any person, firm or corporation promoting,
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organizing or managing temporary exhibitions, shows or
displays in which sales are made, orders taken, or
admission charged in the thoroughfare or walkways of an
enclosed mall or shopping center in excess of 500,000
square feet, the license fee shall be established by
resolution of the Mayor and Common Council for the entire
operation thereof."
SECTION 40.
Section 5.04.520 of the San Bernardino
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22 Municipal Code is hereby amended to read as follows:
"A.
For every person, firm or corporation conducting,
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managing or carrying on the business of running, driving or
operating any automobile or motor-propelled vehicle for the
transportation of passengers for hire, when driven by the
owner or a representative of the owner, or by the person or
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September 28, 1990
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persons hiring or renting the same, at rate per mile, per
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trip, per hour, per day, per week or per month, and such
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vehicle is routed under the direction of such passenger or
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passengers of such persons hiring the same, the license
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fee shall be established by resolution of the Mayor and
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Common Council.
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For every person driving or operating a taxicab, the
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license fee shall be established by resolution of the Mayor
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and Common Council."
SECTION 41.
Section 5.04.525 of the San Bernardino
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11 Municipal Code is hereby amended to read as follows:
"A.
Every person, firm, or
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Professional services.
corporation conducting, managing or carrying on or
engaged in any of the businesses hereinafter
enumerated in this subsection and not specifically
covered elsewhere in this chapter, shall pay a
license fee established by resolution of the Mayor
and Common Council. The license provided for in this
section shall be paid by every person, firm or
corporation conducting, managing or carrying on or
engaged in any professional service, business,
profession or occupation, which shall include but
shall not be limited to the following:
1.
Architect.
2.
Assayer.
3.
Attorney at Law
4.
Auditor, Accountant.
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5.
Bookkeeper.
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Chemist.
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Chiropodist.
Chiropractor.
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Civil, Electrical, Chemical or Mechanical Engineer.
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10. Consultant (one who gives professional advice or
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services) .
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11. Dentist.
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12. Drafting.
13. Employment Agency.
14. Marriage or family counselor.
15. Optician.
16. Optometrist.
17. Oculist.
18. Osteopath or Osteopathist.
19. Physical Therapist.
20. Physician.
21. Real Estate Broker.
22. Surgeon.
23. Undertaker, Embalmer or Funeral Director
24. Teacher of private dancing school of more than 12
pupilS.
25. Every person caring on or engaged in the business of
treating, caring, administering to or giving
treatments to the sick, wounded or infirmed for the
purpose of bringing about their recovery, by any
method pursuant to any belief, doctrine or system
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other than those hereinabove specifically named, in
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charging fee or compensation therefor.
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Nothing contained in this section shall be deemed or be
4 construed as applying to any person engaged in any of the
5 businesses hereinbefore enumerated, solely as an employee of any
6 other person, firm or corporation conducting, managing or caring
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"B.
Retail Merchants (other than food).
Every person,
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firm or corporation conducting, managing or carrying on the
business of selling at retail any goods, services, wares or
merchandise not otherwise specifically licensed by other
sections of this chapter, shall pay an annual license fee
established by resolution of the Mayor and Common Council.
'Retail Merchants (other than food)' for purposes of this
subsection shall include but shall not be limited to the
following businesses:
1. Alarm Businesses.
2. Alterations.
3. Ambulance service.
4. Antiques.
5. Armored car service.
6. Art studio or gallery.
7. Athletic exhibitions.
8. Barber and beauty supply.
9. Barber shops.
10. Bicycles.
11. Boat Sales and service.
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12. Book store.
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13. Building material sales.
14. Camper sales.
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15. Carpet sales.
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16. Check cashing.
17. Cleaning or dyeing establishments.
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18. Clothing stores.
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19. Clothes washing machine business.
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20. Cold storage locker rentals.
21. Cosmetic sales.
22. Date processing services.
23. Detective agency.
24. Dog grooming.
25. Drapery service.
26. Drug store.
27. Electrical appliance sales and service.
28. Electrical sign enterprises.
29. Equipment rental.
30. Film processing.
31. Florist.
32. Furniture refinishing.
33. Furniture store.
34. Furrier.
35. General Merchandise sales.
36. Gift shop.
37. Graphic arts.
38. Guard service.
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Hardware store.
Ice sales.
Interior decorating.
Jewelry store.
Linen, uniform supply services and laundries.
Manicurist, shampooing or hairdressing parlor.
Medical equipment sales and service.
Mobile home sales.
Music store.
Newsstand.
Nursery (plants).
Paint store.
Pest control service.
Pet cemetery.
Pet store.
Photographers.
Physical culture and health clubs.
Plating works.
Private post office service.
Record shop.
Recycling service.
Repair shops (general).
Roller rink.
Seasonal athletic events.
Shoe repair shop.
Shoe shining or polishing stand.
Shoe store.
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66. Softwater service.
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67. Sporting goods.
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68. Stamps, coupons or ticket redemption.
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69. Stock car racing.
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70. Swimming pool supply.
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71. Tanning salon.
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72. Trade school.
73. Trampoline centers.
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74. Travel agency.
75. Vehicle leasing.
76. Vehicle repair shop.
77. Vehicle wrecking.
78. Welding shop.
lie.
Retail food merchants.
Every person, firm or
corporation conducting, managing or carrying on a business
consisting principally of selling at retail, food for human
or animal consumption not otherwise specifically licensed
by other sections of this chapter, shall pay any annual
license fee established by resolution of the Mayor and
Common Council.
'Retail food merchants' for purposes of
this subsection shall include but shall not be limited to
the following:
1. Bakery.
2. Confectioners.
3. Dairy.
4. Delicatessen.
5. Feed store.
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September 28, 1990
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6. Grocery store.
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7. Health food store.
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8. Meat market.
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9. Produce store.
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10. Restaurant.
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11. Retail liquor.
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"D. Motor vehicle sales, telephone companies and wholesale
8
sales.
Every person, firm or corporation conducting,
9
carrying on or managing a business consisting principally
of selling motor vehicles, operating a telephone company,
selling good, wares or merchandise at wholesale, other than
manufacturing and selling goods at wholesale; selling at
wholesale hydro-carbon, lubricating oil or gasoline, shall
pay an annual license fee established by resolution of the
Mayor and Common Council.
liE.
Manufacturers/Wholesalers.
Every person, firm or
corporation manufacturing and selling any good, wares,
merchandise or services at wholesale, and not otherwise
specifically taxed by other provisions of this chapter,
shall pay an annual license fee established by resolution
of the Mayor and Common Council.
Temporary employment
services shall be included within this subsection.
"F. Commercial, industrial and residential rental or
leasing.
Every person, firm or corporation
conducting, managing or carrying on the business of
leasing or renting commercial or industrial buildings
or spaces, where the buildings or spaces are to be
DAB/ses/BusLicen.ord
September 28, 1990
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utilized for any business purpose including but not
2
limited to retail sales, offices and suites or other
3
business rentals including mini-storage or freight
4
forwarding storehouses, and warehouses; or operating
5
a hotel, rooming house, lodging house, boarding
6
house, apartment house, court motel, mobile home
7
park; or leasing or renting any residential dwelling
8
units including single family homes shall obtain a
9
business license and pay a fee established by
resolution of the Mayor and Common Council.
12 business of leasing or renting of commercial or industrial
"All businesses which conduct, manage or carryon the
13 buildings or spaces where buildings or spaces are to be utilized
14 for any business purpose, are required to furnish a list of
16
15 tenants or lessees for all such buildings to the City Clerk of
the City of San Bernardino.
The list of tenants shall be
17 included with the business license application or renewal
19
18 application of the management company.
20
"Business licenses for single family homes shall be
required effective July 1, 1990.
There shall be no charge for
21 the first year of the business license for single family homes
22 for those applicants who apply for said licenses on or before
23 June 30, 1990.
24 "The intent of this section is to require a license for the
25 business of leasing or renting commercial or industrial
26 buildings, for leasing or renting offices of suites or other
27 business rentals, and for leasing or renting dwelling units. For
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DAB/ses/BusLicen.ord
September 28, 1990
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/1'(-7//1/
','
1 the leasing of renting of dwelling units a separate license shall
2 be required for each building unless the ownership of the
3 building is divided as provided in Government Code section 66426
4 and section 66427 as a condominium, community apartment project
5 or stock cooperative project, and then a separate license shall
6 be required for each such division.
7
"Said license shall be good for two (2) years.
Buildings
8 with even number street addresses shall renew on even numbered
10 on odd numbered years.
9 years and buildings with odd number street addresses shall renew
11
"It shall be unlawful for any property owner, landlord,
14
13 payment of rent if the building for which the rent is paid is
12 manager, or agent to demand, accept, receive or retain any
unlicensed under this section.
Any person violating any of the
15 provisions of failing to comply with any of the requirements of
16 this section, shall be guilty of a misdemeanor."
19
17
Section 5.04.530 of the San Bernardino
SECTION 42.
18 Municipal Code is hereby repealed.
SECTION 43.
Section 5.04.535 of the San Bernardino
21
20 Municipal Code is hereby repealed.
SECTION 44.
Subsection A of Section 5.04.540 of the San
23
22 Bernardino Municipal Code is hereby amended to read as follows:
"A.
For each person, firm or corporation engaging in the
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business of painting, installing, erecting, or constructing
or maintaining benches which are installed upon the public
streets of the City subject to the provisions hereof, the
license fee shall be established by resolution of the
DABjsesjBusLicen.ord
September 28, 1990
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:~./I I' .-, <' ii
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Mayor and Common Council."
2
SECTION 45.
Subsection A of Section 5.04.545 of the San
3 Bernardino Municipal Code is hereby amended to read as follows:
4
"A.
For every person, firm or corporation conducting,
5
managing or carrying on the business of constructing
6
houses, buildings, or structures, or bidding or submitting
7
a bid on a construction of houses, buildings, or structures
8
as a general contractor, except as provided in subsections
9
Band C of this section, the license fee shall be
established by resolution of the Mayor and Common Council.
liB.
For every person, firm or corporation
conducting, managing or carrying on the business of
an electric wiring contractor engaged in the business
of installing electric wires and electric lighting or
heating fixtures in houses or buildings, or bidding
or submitting a bid on the installation of electrical
wires and electrical lighting or heating fixtures in
houses or buildings, or constituting a master
electrician within the meaning of the Electrical Code
of the City, the license fee shall be established by
resolution of the Mayor and Common Council.
II C .
For every person, firm or corporation
conducting, managing or carrying on the business of
brick mason, building contractor, building, house
moving, and house wrecking, cement, concrete,
excavating, floor polishing, grading, interior
decorating or wall paper contractor, landscaping,
DAB/ses/BusLicen.ord
September 28, 1990
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paint, paving, plaster, surfacing, trenching and all
other subcontractors, and every person, firm or
corporation submitting any bid in connection
therewith, the license fee shall be established by a
resolution of the Mayor and Common Council.
"D. For every person, firm or corporation engaged in
or carrying on the business of plumbing, or
submitting any bid in connection therewith, the
license fee shall be established by a resolution of
the Mayor and Common Council.
"E. 'Contractor,' within the meaning of this
article, is a person, firm, co-partnership,
corporation, association, or other organization, or
any combination of any thereof, who, for a fixed sum,
price, fee, percentage or other compensation, other
than wages, undertakes with another for the
construction, alteration, repair, addition to or
improvement of any building, highway, road, railroad,
excavation or other structure, project, development
or improvement other than to personality, or any part
thereof; provided that 'contractor,' as used in this
article, includes subcontractors, but does not
include anyone who merely furnishes materials or
supplies without fabricating the same into or
consuming the same in the performance of the work of
the contractor as herein defined.
/ /
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September 28, 1990
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1 "F. No license shall be issued by the City Clerk or
2
any permit issued by the Building Inspector, Plumbing
3
Inspector, or City Electrician pursuant to the
4
provisions of any ordinance of the City requiring the
5
issuance of a license or any permit for building
6
construction, plumbing or wiring installation to any
7
contractor unless and until such contractor either
8
exhibits a contractor's license issued under the
9
authority of and pursuant to the statutes of the
state in the proper classification in relationship to
the work to be performed or establishes to the
satisfaction of the City Clerk, Building Inspector,
Plumbing Inspector, or City Electrician, as the case
may be, that he is licensed as a contractor by the
State to perform such work in accordance with the law
or the rules and regulations of the Contractor's
state License Board.
Nothing, however, in this
section shall be deemed to prohibit the issuance of
any such permit to the owner of property upon which a
building is being constructed, altered or repaired."
SECTION 46.
Subsection A of Section 5.04.560 of the San
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22 Bernardino Municipal Code is hereby amended to read as follows:
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"A.. For every person, firm or corporation engaged in
or carrying on the business of the painting of house
numbers on curbs of streets in the City, the license
fee shall be established by a resolution of the Mayor
and Common Council."
DAB/ses/BusLicen.ord
September 28, 1990
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//1('-7'-/1/
SECTION 47.
Subsection A of Section 5.04.575 of the San
2 Bernardino Municipal Code is hereby amended to read as follows:
3
"A.
For each business, show, exhibition or game
4
conducted" operated or carried on in the City, the
5
license fee of which is not otherwise fixed by the
6
provisions of this chapter, the license shall be
7
8
9
established by resolution of the Mayor and Common
Council."
SECTION 48.
Subsection A of Section 5.04.595 of the San
10 Bernardino Municipal Code is hereby amended to read as follows:
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"A.
For every person acting as a solicitor, as defined in
subsection F. of this section, the license fee shall be
established by resolution of the Mayor and Common Council
except for those solicitors acting as agents or
representatives of a place of business licensed and
established in the City for a period of one (1) year under
the same ownership for whom license rates shall be
established and paid based upon the total gross receipts of
the business as set forth pursuant to Section 5.04.525.B."
SECTION 49.
Subsection C of Section 5.04.595 of the San
22
21 Bernardino Municipal Code is hereby amended to read as follows:
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"C. For every person soliciting as a representative
of, or from, or connection with, any other
established place of business, the license fee shall
be established by resolution of the Mayor and Common
Council in addition to the business license fee
imposed by upon the established place of business."
DABjsesjBusLicen.ord
September 28, 1990
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IlJC- 71/1
SECTION 50.
Subsection D of Section 5.04.595 of the San
2 Bernardino Municipal Code is hereby amended to read as follows:
3
"D.
Any person, firm or corporation soliciting with
4
any number of solicitors, may elect at his option to
5
6
pay a flat rate established by resolution of the
Mayor and Common Council."
7
SECTION 51.
Section 5.04.620 of the San Bernardino
8 Municipal Code is hereby amended to read as follows:
9
"Every person, firm or corporation conducting,
managing or carrying on any business of any kind in
the City employing vehicles, automobiles or motor
vehicles in the conduct of such business shall pay a
license fee established by resolution of the Mayor
and Common Council for each such vehicle, automobile
or motor vehicle used in such business within the
corporate limits of the City; provided, however, that
this section shall not apply to any person, firm or
corporation holding a license for any such business
under any other provision of this article."
SECTION 52.
Section 5.16.040 of the San Bernardino
21 Municipal Code is hereby amended to read as follows:
22 "Applicants for such permits shall make applications
23 therefore to the City Clerk and at the time of
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filing, such applicant shall pay a filing fee of
$60.00. Such application must be in writing and
under oath and shall specify;
/
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September 28, 1990
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1 "A. The facts in regard to the insurance,
2
bankruptcy, mortgaging, and solvency, assignment,
3
administration, receivership, trusteeship, or removal
4
by reason of which sale is to be conducted or in
5
regard to the closing out of the stock of goods,
6
wares or merchandise or any particular line or part
7
thereof, with a statement as to the reason for such
8
closing out, or in regard to the injury caused to
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such goods, wares or merchandise by fire, smoke,
water or otherwise.
"B.
All the facts in regard to the sale which he
proposed to conduct;
"C.
The place and manner of conducting the same,
including an inventory of the goods, wares and
merchandise to be sold at such sale;
"D.
A statement, as far as is possible of the names
of the persons from whom the goods, wares and
merchandise to be sold were obtained;
liE.
The date of the delivery of such goods, wares
and merchandise to the person applying for the
license;
"F ..
The place from which said goods, wares and
merchandise were last taken;
IlG..
All details necessary to fully identify the
goods, wares and merchandise to be sold;
"H.
The proposed period of time over which said
sales shall continue, which period shall not exceed
DAB/ses/BusLicen.ord
September 28, 1990
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1 three (3) months;
2
III.
Whether the applicant proposed to advertise to
3
conduct or such sale as in insurance, bankruptcy,
4
mortgage, insolvent, assignee's, executor's,
5
administrator's, receiver's, trustee's, removal or
6
closing-out sale, or sale of goods, wares or
7
merchandise damaged by fire, smoke, water or
8
otherwise, or a sale of goods from the stock of a
9
bankrupt, receiver, trustee, insurance company,
receivership or trusteeship."
SECTION 53.
Section 5.20.040 of the San Bernardino
12 Municipal Code is hereby amended to read as follows:
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"A.
Any person desiring to obtain a permit to
operate a massage parlor or to perform massage
services shall make written application to the City
Clerk, who shall refer all such applications to the
Chief of Police for appropriate investigations.
"B.
Each application shall be accompanied by a non-
refundable investigative fee established by
resolution of the Mayor and Common Council plus an
additional non-refundable fee established by
resolution of the Mayor and Common Council for each
massage technician.
"C.
Each application shall be accompanied by a non-
refundable examination fee established by resolution
of the Mayor and Common Council for each owner, plus
an additional non-refundable examination fee
DAB/SeS/BusLicen.ord
September 28, 1990
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.
.
"
. "
,
"
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/nt.7L/L/
established by resolution of the Mayor and Common
2
3
Council for each massage technician.
liD.
A permit to perform massage services as a
4
massage technician does not authorize the operation
5
of a massage parlor.
6
liE.
Any person licensed to perform massage services
7
who desires to operate a massage parlor shall
8
separately apply for a permit therefor."
9
SECTION 54.
Section 5.20.160 of the San Bernardino
10 Municipal Code is hereby amended to read as follows:
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"A.
All permits issued under the provisions hereof
shall expire on the first day of January of 1982, and
thereafter, on the first day of July of each year
commencing with 1983. For the period from January 1,
1982 to June 30, 1983, a renewal permit may be issued
upon application to the City Clerk and payment of a
renewal fee of $15.00.
Any application for renewal
must be made on or before the 15th day of January
1982. For any renewal permits sought after June 30,
1983, a renewal permit may be issued upon application
to the City Clerk and the payment of a renewal fee
established by resolution of the Mayor and Common
Council. Any application for renewal must be made on
or before the 15th day of July of each year,
commencing in 1983.
In the event or failure to so
apply for the renewal on or before the date
specified, a person whose permit has expired shall be
DAB/ses/BusLicen.ord
September 28, 1990
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. ";
. , ~
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.., II", _..
... .. lot
. .
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/JJI-ltftj"'
AN ORDINANCE AMENDING
5.68. . .RELATING TO BUSINESS
"
, -
CHAPTERS 5.04,5.16,5.24, 5.42 AND
LICENSES AND FEES.
deemed a new applicant and shall qualify by taking the
examination therefor."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a n adjourned
meeting thereof, held on the 6th
day of
October
1990, by the fOllowing vote, to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA X
REILLY X
FLORES X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER
~-~
City Clerk
of
October
day
The foregoing ordinance is hereby
8th
, 1990.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~
DAB/ses/BusLicen.ord
September 28, 1990
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